Answers for property owners
My home is out of planning (fuera de ordenación): what it is and how it affects you
It is a phrase you hear a lot in Marbella. It means the house has limits on use and on works, and that shows in the price.
SHORT ANSWER
A home is out of planning in two cases: it was legal but a later change in the planning rules left it outside them, or it was built without a licence or outside the parameters and the authorities' time limit to restore legality has expired. It only allows conservation and maintenance works, and it tends to have a lower price.
IN THIS ARTICLE
For a seller, the key is knowing which kind of situation yours is, because it changes what you can offer and to whom.
The two cases
It was legal and stopped being so
It was built with its licence, but a later change in the planning rules altered the parameters under which it was built. It was legal at the time and moved into an out-of-planning regime.
It was built outside the rules
It was built without a licence or without complying with the planning rules, and the time limit for the authorities to restore legality has passed. This is the case for many homes in Marbella built during the boom before the crisis (from 2001 to 2007).
What this situation means
It limits the possibilities of use, occupation and transfer. The main restriction is that only conservation and maintenance works are allowed. You cannot increase its size or volume or, in general, carry out works that add value to the home. The aim of the regime is that, when the useful life of the building ends, it disappears on its own. For example, an out-of-planning home destroyed by fire may not be rebuildable.
How it affects the sale
- The price tends to be lower
- It is harder to sell: the buyer must understand the limitations
- Many banks do not grant a mortgage, depending on the seriousness (read whether it can be mortgaged)
- A certificate of no planning infringement is an additional guarantee that buyers usually ask for
As every property is different, consult your trusted lawyer or architect.
Frequently asked questions
Can I renovate an out-of-planning home?
Only conservation and maintenance works. You cannot increase size or volume or carry out works that add value to the home.
Can it be sold?
Yes, but at a lower price and with a smaller pool of buyers. The buyer must know the situation.
What if it is destroyed?
It may not be possible to rebuild it or keep using it, because the regime is transitional.
How do I know if my home is in this situation?
An architect or a lawyer reviews the licence, the planning rules in force and the Land Registry and cadastral situation.
About the author
Alfonso Lacruz
Naval engineer and market analyst. Over 25 years advising owners in Marbella and Benahavís. Publishes a monthly market analysis with Land Registry data.
Every case is different: before you sign or decide, confirm your situation with your own lawyer, notary or tax adviser.
Sources: Marbella Town Hall (urban planning); Andalusia Land Sustainability Promotion Law (Ley de Impulso para la Sostenibilidad del Territorio de Andalucía). Last updated: 24 October 2026.
Thinking of selling your home on the Costa del Sol?
Start by knowing where your home stands in today’s market.